From the editor: I received the preceding article several months ago and decided to
include it in this month's issue. Then, a few days ago, I received the following piece
from Linda Rhinehart. Although the case she describes was against an educational
institution rather than an employer, it provided a heartbreaking illustration of Greg
Trapp's point. Linda is a fairly new Federationist. She is a member of the Capital Chapter
of the NFB of Pennsylvania, itself a new part of the Federation family. It is good to know
that at least now Linda is receiving support and advice from Federationists. Here is her
story:

I wrote this article about an event that has consumed my life for almost five years. I
wanted to share it with my fellow Federationists in order to get a horrible event off my
chest, perhaps to find others who have been through a similar experience, and to warn
those who may face a similar problem in the future.

I have been blind for thirteen years as a result of a drunk driver's getting behind the
wheel. I have learned to deal with bad treatment from some folks in society. In January,
1993, I entered York Technical Institute to receive an education and to earn a degree in
specialized business/computerized accounting. Nothing prepared me for the events that were
to follow. The very first day my instructors began making annoyed remarks about my talking
equipment. They did not approve of my readers, and from that day until I graduated they
made faces, called me names, and made my experience as difficult as possible. I worked my
way through the entire chain of command and never once received resolution of my ongoing
problems with the instructors. I was forced to sign a waiver stating that the school was
not responsible for job placement assistance because of my physical disability. I finally
concluded that my only recourse in the face of the bizarre treatment I received because of
my blindness was to file a lawsuit. From start to finish this lawsuit took four-and-a-half
years, a lot of paperwork, and a lot of visits to professionals to prove that I was blind.
We also had to compute lost wages and the many other damages we were claiming in the suit.
My attorney requested all this, and at great cost I supplied it. I grew increasingly
aggravated because I continued to hear negative and derogatory remarks about blind people.
The defense attorneys kept asking for continuances, and once a judge even lost my case
file on his desk. In the end we were ordered to arbitration with a professional mediator
from Philadelphia. As far as I could tell, she ran her courtroom fairly. She even
requested my attorney to pay close attention to the closing portion of her briefing. This
led me to believe we had presented our case well. By the way, I can assure everyone that
legal deadlines mean nothing when you are the plaintiff. When I complained to my attorney
that several steps in this case had gone past their deadlines, I was told there was
nothing we could do.

So what was the final resultthe result we had to demand after the mediator asked
for an extension and exceeded the extension by two more days? Her final report was only
one page long. It found on behalf of the plaintiff under the Pennsylvania Human Relations
Board and under the fraud, discrimination, and breach of contract clauses. The damages
awarded to me as the plaintiff were, and I quote, "No monetary damages awarded;
defendant will offer plaintiff job placement assistance and re-education at any time in
the future."

I cannot express my anger and pain at this decision except to say that I instantly went
numb. I had prepared an ironclad case against the school at the cost of tens of thousands
of dollars that I still owe and may never be able to completely repay because the only
work I have been able to secure is in a sheltered workshop. I graduated from York
Technical Institute with honors, and still they would not provide me the services offered
as a matter of course to my non-disabled peers. The original contract stipulated that as
an alumna I was to receive the services the arbitrator awarded me in the settlement. I
find it appalling for an arbitrator to say that the defendant is guilty of all the
charges, especially discrimination and belittlement, yet refuse to penalize the
institution for such behavior. In other words, enforcing the original contract agreement
is sufficient.

The message delivered by this case and this arbitrator is clear: institutions of higher
education can belittle and discriminate against blind people and get away with it. I ask
myself today whether or not this lawsuit was worth the time and money I have spent and
will continue to spend on it. The answer is: not unless my story is told to warn others
about our legal system and how it can sometimes fail us.

Because my case went to arbitration, I can never appeal it. I ask my fellow
Federationists to write to me with similar situations, job leads, or suggestions about
financial assistance. Write to Linda Rhinehart, 50 Saginaw Road, Mt. Wolf, Pennsylvania
17347. You may also call me at (717) 266-5877. We the members of the National Federation
of the Blind must stop discrimination like this from taking place. We can only do it by
working together.